32 results on '"*AMERICANS with Disabilities Act of 1990"'
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2. EMOTIONALLY HARMED? IT MIGHT NOT MATTER: AN ANALYSIS OF CUMMINGS K PREMIER REHAB KELLER AND ITS IMPLICATIONS FOR TITLE H OF THE AMERICANS WITH DISABILITIES ACT OF 1990.
- Author
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Zhupa, Sotir
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AMERICANS with Disabilities Act of 1990 , *LIABILITY for emotional distress , *DAMAGES (Law) , *DISCRIMINATION against people with disabilities ,PATIENT Protection & Affordable Care Act - Abstract
The article focuses on the implications of the Cummings v. Premier Rehab Keller decision for Title II of the Americans with Disabilities Act (ADA). It mentions emotional distress damages under disability discrimination laws like Section 504 of the Rehabilitation Act and Section 1557 of the Patient Protection and Affordable Care Act. Topics include the historical and legal context of these statutes, the Court's reasoning in Cummings and the potential impact on future disability discrimination.
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- 2024
3. THE AMERICANS WITH DISABILITIES ACT: WEBSITE ACCESSIBILITY AND A FOREIGN SOLUTION TO A DOMESTIC PROBLEM.
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TOYE, JAMES
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WEB accessibility , *AMERICANS with Disabilities Act of 1990 , *ACTIONS & defenses (Law) , *DISCRIMINATION against people with disabilities , *WEBSITE access control , *GOVERNMENT policy - Abstract
In the article, the author discusses website accessibility law issues under the Americans with Disabilities Act (ADA) of 1990 and how to address them. ADA aims to eliminate discrimination based on disabilities. Also cited are the rapid rise of federal lawsuits due to violations of ADA's Title III and the efforts by foreign governments and standard-setting organizations like the World Wide Web Consortium (W3C) to ensure internet accessibilityfor all users.
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- 2024
4. Legal Issues and Opportunities Associated With Serving Children With Pediatric Feeding Disorders in Schools.
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Power-deFur, Lissa A.
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CHILD care laws , *CHILD welfare , *CHILDREN'S health , *INTERPROFESSIONAL relations , *CHILD nutrition , *NUTRITIONAL requirements , *CHILDREN'S accident prevention , *HUMAN rights , *MEDICAL needs assessment , *SPECIAL education , *GOVERNMENT regulation , *RULES , *SPEECH therapy , *AMERICANS with Disabilities Act of 1990 , *CIVIL rights ,SCHOOL health service laws ,UNITED States. Individuals with Disabilities Education Act - Abstract
Purpose: This review of federal statutes, regulations, administrative directions, and case law related to special education, disabilities, and school nutrition is designed to provide speech-language pathologists (SLPs) with information essential for determining eligibility children with pediatric feeding disorder (PFD). Despite the absence of mention of dysphagia or PFD in federal statutes and regulations, special education, disability, and school food service requirements provide direction for serving children with health care needs, which include children with dysphagia. The federal requirements, court cases, and policy interpretations are detailed to provide guidance to SLPs and their school teams when working with children with PFDs. Method: Federal statutes and regulations, administrative directions, and case law were reviewed. This review details the application of federal statutes and regulations for children with PFDs. Furthermore, administrative direction and case law identify the importance of attending to the safety of children with dysphagia. Results: As a result of this review, sections of the various federal statutes and regulations that support provision of services to children with PFD are identified. In addition, information from case law and administrative reviews further highlights the importance of attending to the rights and needs of children with PFD. Conclusions: The rights of all children with disabilities are established through statutes, regulations, and case law, and children with PFDs benefit from these rights. These requirements can guide SLPs in working with school teams, so that children with dysphagia can be found eligible for and receive school-based services for dysphagia. [ABSTRACT FROM AUTHOR]
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- 2024
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5. WHEN YOU CANNOT"LOOK BOTH WAYS": ACCESSIBLE PEDESTRIAN SIGNALS AND THE ADA.
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Egan, Becky
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PEOPLE with visual disabilities , *PEDESTRIANS , *AUTOMOBILE signals & signaling , *AMERICANS with Disabilities Act of 1990 , *ACTIONS & defenses (Law) - Abstract
The article focuses on the accessibility challenges faced by visually impaired individuals, particularly at street intersections, and the role of Accessible Pedestrian Signals (APS) in addressing these challenges. It discusses the legal framework provided by the Americans with Disabilities Act (ADA) and related statutes, examines relevant court cases, and advocates for the implementation of APS as a solution to enhance the independent navigation of blind and low-vision pedestrians.
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- 2024
6. The struggle for access – a qualitative document study of how people using wheeled mobility devices experience exclusion and discrimination.
- Author
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Pettersson, Cecilia, Baudin, Katarina, and Hedvall, Per-Olof
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CROSS-sectional method , *WHEELCHAIRS , *ACCESSIBLE design , *QUALITATIVE research , *RESEARCH funding , *DESCRIPTIVE statistics , *THEMATIC analysis , *RESEARCH methodology , *DISCRIMINATION (Sociology) , *PEOPLE with disabilities , *AMERICANS with Disabilities Act of 1990 , *SOCIAL participation - Abstract
The overall aim of this study was to describe experiences of discrimination due to inaccessibility among people using mobility devices. We conducted a thematic qualitative analysis of 88 complaints about wheeled mobility device use, inaccessibility, and discrimination submitted to the Swedish Equality Ombudsman (DO) during 2015 and 2016. The analysis resulted in three themes: instigating change by invoking laws and regulations and highlighting lack of compliance; demanding to be recognised, understood, and listened to; and struggling for equal access and social participation. Regulations and treaties were invoked as the basis for complaints by people using mobility devices regarding their lack of access to physical environments and impediments to their enjoyment of their full right to participate in and contribute to society. The complaints described feelings of discrimination, the disadvantages and exclusion due to physical inaccessibility, and experiences of being prevented from living one's life as others do. Complaints filed by people using mobility devices showed that they were denied access to a wide range of contexts, including offices, theatres, restaurants, schools, and public transportation, though they desired to live an active and social life outside their homes. Filing a complaint was a way to take action, highlight present inaccessibility, and express a hope for change. Difficulties experienced by people using wheeled mobility devices can reveal knowledge important for revising existing design and renovation standards for housing and public buildings. Documenting facilitators and barriers in different environments is important for giving voice to the needs of wheeled mobility device users and revealing standards that need to be strongly enforced or revised. People using wheeled mobility devices should be supported in finding solutions in inaccessible environments, both to fulfil their wishes and to enable their participation in society. [ABSTRACT FROM AUTHOR]
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- 2024
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7. ADA Digital Accessibility on Academic Library Websites.
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Yan Quan Liu, Bielefield, Arlene, and Beckwith, Jennifer
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AMERICANS with Disabilities Act of 1990 , *ACADEMIC libraries , *LIBRARY websites , *PUBLIC universities & colleges , *VISION disorders - Abstract
Studying ADA accessibility at library websites of top universities selected from the U.S. News and World Report, the authors used WAVE and AChecker to assess data in compliance with WCAG 2.0 standards. Almost 8 out of 10 public university academic libraries reported accessibility errors as one of the major findings. Low color contrast was becoming a more commonly occurring accessibility issue, making it difficult for people with vision impairments to perceive the color of the image. The outcomes of the study suggest that academic libraries around the world should continue improving their website accessibility. [ABSTRACT FROM AUTHOR]
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- 2024
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8. Different Sides of the Same Coin: How the Eleventh Circuit Deepened the Circuit Split for an Americans with Disabilities Act Failure-to-Accommodate Claim in Beasley v. O’Reilly Auto Parts.
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Hanks, Anna Carr
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DISCRIMINATION against people with disabilities , *EMPLOYEE rights , *AMERICANS with Disabilities Act of 1990 , *LABOR laws - Published
- 2024
9. BEYOND UNDUE HARDSHIP: RELIGION AND SINCERITY IN A POST-GROFF WORLD.
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Rogers, Andrew B.
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CIVIL rights , *FREE exercise clause (Constitutional law) , *AMERICANS with Disabilities Act of 1990 , *RELIGIOUSNESS - Abstract
Title VII of the Civil Rights Act of 1964 requires employers to reasonably accommodate the sincerely held religious beliefs, observances, and practices of their employees unless to do so would pose an undue hardship. In 1977, in Trans World Airlines, Inc. v. Hardison, the Supreme Court held that "undue hardship" meant more than a de minimis burden. Practically, this has allowed employers to reject religious accommodations that impose more than trivial costs or burdens. Subsequent federal statutes, including the Americans with Disabilities Act, also require employers to provide accommodations absent undue hardship, but they apply a much more stringent meaning to the term--only allowing employers to reject accommodations that would require "significant difficulty or expense." Although justices, academics, political figures, and others criticized Hardison's gloss on "undue hardship" over the years, it endured for nearly a half century. However, in 2023, the Court returned to reconsider the matter in Groff v. DeJoy, ultimately clarifying that undue hardship means substantial costs or expenditures in the overall context of an employer's business. But fixing undue hardship is only the most glaring of the problems with religious accommodation in employment. Two other elements of such claims--that the belief or practice to be accommodated must be "religious" and "sincerely held"--also require comprehensive reexamination and revision. Groff's reinvention of Hardison leaves undisturbed these and other longstanding issues that impact Title VII religious accommodation litigation. For decades, employees and employers frequently presumed that the beliefs and practices employees sought to have accommodated were both religious in nature and sincerely held. This approach was mutually beneficial in Hardison's de minimis paradigm. Employees avoided uncomfortable questions about the particulars of their beliefs, including whether they were genuinely religious--and not, for example, political or sociological--or whether the individual actually believed them. Likewise, employers were quick to bypass these awkward topics and focus on the more objective subject of costs and burdens. The low threshold of the de minimis analysis allowed them to reject many non-trivial accommodations. The federal reporters are rife with decades of decisions where religious beliefs or practices were accommodated or denied, based solely (or nearly so) on courts' assessment of accommodations' burdensomeness--regardless of whether the underlying beliefs and practices were, in fact, religious or sincerely held. Groff did not address the current framework for analyzing whether a belief or practice is religious or sincerely held for purposes of Title VII. And, without the de minimis test, employers will not be able to rely upon it to the extent its low threshold allowed and encouraged. They will be more likely, and often compelled, to challenge the religiosity and sincerity of beliefs and practices--and, ultimately, accommodate more of them and, perhaps, to a greater extent under Groff. While this will aid employees' attempts to obtain accommodations, it also makes the road more uncomfortable for everyone. Plaintiffs will face increased scrutiny regarding whether proffered beliefs and practices are religious and held sincerely. In recent years, even before Groff, both employers and employees were increasingly litigating religiosity and sincerity, as demonstrated in COVID-19 vaccination litigation. In many of these cases, employers challenged the religious nature and sincerity of employees' anti-vaccination beliefs. The ugliness of some of these disputes reveals that the problems in Title VII religious accommodation cases extend beyond the meaning of undue hardship. It also portends that these problems remain even after the demise of de minimis. This article delves into the religion and sincerity tests under Title VII. It proposes changes to resolve the shortcomings of both inquiries--problems that will become even more apparent after Groff. In Part I, the article outlines the constitutional foundation for Title VII's statutory framework: the Free Exercise Clause of the First Amendment. Part II traces the development of religious accommodation under Title VII, originating with the Equal Employment Opportunity Commission's (EEOC or Commission) regulations in 1966 and 1967 before being codified by Congress in 1972, to the Supreme Court's decision in Hardison and other cases, to how the lower courts applied the elements of religious accommodation cases, including religiosity and sincerity. Finally, Part III details new frameworks for courts and practitioners evaluating religiosity and sincerity in Title VII religious accommodation cases in the new Groff world. [ABSTRACT FROM AUTHOR]
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- 2024
10. Disability Dates as Microgenre: 1990s Sitcoms and Backlash to the Americans with Disabilities Act.
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Ellcessor, Elizabeth
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AMERICANS with Disabilities Act of 1990 , *TELEVISION situation comedies , *DISABILITIES - Abstract
This article performs a historical corrective, documenting representations of disability in popular U.S. television sitcoms of the 1990s. While these shows did not center disability, they often featured strikingly similar episodic narratives involving disability, using the framework of romantic dates with a main character. This article analyzes these episodes as a microgenre, referred to as "disability dates." This microgenre represents a fleeting subgenre of the sitcom that used similar strategies to represent disability and to reproduce popular discourses that opposed or undermined the Americans with Disabilities Act (1990). [ABSTRACT FROM AUTHOR]
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- 2024
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11. System restructuring in Iowa would integrate substance use care.
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Enos, Gary
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SUBSTANCE abuse treatment , *HEALTH services accessibility , *MEDICAL quality control , *NEGOTIATION , *PEDIATRICS , *ORGANIZATIONAL change , *MEDICAL appointments , *CONVALESCENCE , *MEDICAID , *INTEGRATED health care delivery , *AMERICANS with Disabilities Act of 1990 - Abstract
Mental health advocates in Iowa have expressed cautious optimism that a proposed system restructuring that is under consideration in the state legislature would result in more equitable and navigable services for the state's residents. [ABSTRACT FROM AUTHOR]
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- 2024
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12. The Soft Tyranny of Smartphones.
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Littlejohn, Brad and Morell, Clare
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SEXTING , *SMARTPHONES , *DRIVERS' licenses , *AMERICANS with Disabilities Act of 1990 , *SMART locks - Abstract
This article explores the increasing reliance on smartphones in society and how they have become essential for everyday activities. It acknowledges the benefits of smartphones, especially during the COVID-19 pandemic, but also highlights concerns about addiction and negative effects on mental health. The article suggests that public policy should protect consumer choice and ensure that smartphones do not become mandatory for participation in society, particularly for children. It proposes potential regulations, such as requiring businesses to accommodate individuals who do not use smartphones and implementing age restrictions or certification requirements for minors. The article emphasizes the need for government intervention to address smartphone addiction and its impact on society. [Extracted from the article]
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- 2024
13. SURVEILLING DISABILITY, HARMING INTEGRATION.
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Nair, Prianka
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DISCRIMINATION (Sociology) , *AMERICANS with Disabilities Act of 1990 , *PEOPLE with disabilities , *DATA security , *MEDICAID fraud - Abstract
Scholars, policymakers, and the media acknowledge that surveillance can threaten privacy and increase the risk of discrimination. Surveillance of people with disabilities, however, is positioned as being a convenient way of averting a host of problems: It can be seen as a way to protect people with disabilities from abuse and neglect, to prevent Medicaid fraud, and to proactively protect school communities from mass shootings. Increasingly, as surveillance systems become more sophisticated, state and federal laws have begun sanctioning, and occasionally mandating, the surveillance of people with disabilities for these purposes. This Essay interrogates narratives that justify the increased surveillance of people with disabilities by analyzing them through the lens of the Americans With Disabilities Act (ADA) and its integration mandate. The ADA expresses a clear goal of preventing the unnecessary segregation and isolation of people with disabilities. To achieve this aim, states must provide services, programs, and activities in the most integrated setting possible. Looking at laws and policies that mandate surveillance through the lens of integration draws attention to their oppressive and isolating effects. This Essay breaks new ground by centering disability discrimination in its analysis of surveillance. It is the first to demonstrate how ostensibly benevolent surveillance systems embed punitive, carceral practices within therapeutic and community-based settings. It yields new insights about how surveillance systems deployed within a community can result in a constrained and superficial, rather than expansive, idea of integration. [ABSTRACT FROM AUTHOR]
- Published
- 2024
14. Tips for Making Music Performances Sensory-Friendly and Inclusive.
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Reynolds, Julia Heath and VanWeelden, Kimberly
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MUSICAL performance , *AMERICANS with Disabilities Act of 1990 , *ART associations , *PEOPLE with disabilities - Abstract
In today's society, major arts organizations and other large-scale public venues are making additional accommodations for persons with disabilities beyond those under Americans with Disabilities Act (ADA). Often termed "sensory-friendly," this approach makes it easier for individuals with sensory sensitivities to participate in social activities and community events. However, we rarely see similar efforts occurring in school-based music performances. Therefore, we set out to create an inclusive concert experience that welcomes all persons to attend regardless of their sensory, mobility, or other needs to benefit everyone—the students, the families, the school, and the community. During our journey, we realized several components were essential to the overall success of our concerts. In this article, we share five tips that may help you feel more confident implementing something similar in your school. [ABSTRACT FROM AUTHOR]
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- 2024
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15. Service Animals: What You Need to Know.
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MacDonald, Cathy, Foley, John, and Valentine, Megan
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PETS , *RULES , *ECOLOGY , *HUMAN-animal relationships , *STUDENT rights , *SERVICE animals , *AMERICANS with Disabilities Act of 1990 - Abstract
Service animals can play an integral role in the lives and education of students with disabilities. In addition to assisting with physical tasks, service animals can improve confidence, independence and quality of life for students, as well as help them to meet their educational goals. Teachers, coaches and administrators should have the knowledge and skills necessary to support and collaborate with students as they engage with their service animals in and outside of school. The purpose of this article is to educate school personnel about service animals and to help facilitate the successful integration of service animals into schools. Specifically, the article defines service animals and outlines the rights of students with disabilities and their service animals. It also provides recommendations for teachers and coaches to help promote inclusion in physical education and athletics. [ABSTRACT FROM AUTHOR]
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- 2024
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16. Brain injury, medical progress, and the disability paradox: Towards an Americans with Abilities Act.
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Fins, Joseph J., Shulman, Kaiulani S., Wright, Megan S., and Shapiro, Zachary E.
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NEUROSCIENCES , *CONGREGATE housing , *PERSISTENT vegetative state , *DISCRIMINATION against people with disabilities , *DISABILITY laws , *DISABILITIES , *BRAIN injuries , *PEOPLE with disabilities , *AMERICANS with Disabilities Act of 1990 , *ATTITUDES toward disabilities - Abstract
It is helpful to think about the needs of patients with moderate to severe brain injury through the lens of disability law. However, there are limitations to current disability law that contribute to ongoing segregation and marginalization of individuals with severe brain injury. Indeed, one of the paradoxes of American jurisprudence is that more clear constitutional protections accrue to those who have definitively immutable conditions. Thus, as neuroscience brings new therapies to those with brain injury, they may become less protected by the constitutional elements of disability law because their conditions have changed and become mutable. This is the clinical progress that brain injury professionals all seek to achieve, but ironically these advances could potentially degrade the legal protections of patients who benefit from emerging treatments. In this paper, we will critically examine this paradox at the interface of medicine and the law and suggest that the Americans with Disabilities Act (ADA) could be nicely complemented by legislation we have named the Americans with Abilities Act (AWAA). Instead of focusing on disabilities that need protection, the AWAA seeks to sustain and foster newfound abilities made possible by the fruits of medicine and neuroscience. [ABSTRACT FROM AUTHOR]
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- 2024
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17. HHS: Rhode Island violated civil rights laws by warehousing children with MI.
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Canady, Valerie A.
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HEALTH services accessibility laws , *CIVIL rights , *CHILD psychopathology , *PSYCHOLOGY of children with disabilities , *PSYCHIATRIC treatment , *LEGAL procedure , *CRISIS intervention (Mental health services) , *DISCHARGE planning , *LENGTH of stay in hospitals , *HOSPITAL care of children , *AMERICANS with Disabilities Act of 1990 - Abstract
A multi‐year, comprehensive joint investigation by the U.S. Department of Health and Human Services Office for Civil Rights (HHS OCR) and the Department of Justice (DOJ) District of Rhode Island earlier this month concluded that Rhode Island is in violation of federal civil rights laws for unnecessarily segregating children with mental health and/or developmental disabilities at a state acute‐care psychiatric facility. [ABSTRACT FROM AUTHOR]
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- 2024
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18. HHS final rule promotes community integration, civil rights protections.
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Canady, Valerie A.
- Subjects
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CIVIL rights , *CHILD welfare , *HOME care services , *SOCIAL integration , *DISCRIMINATION against people with disabilities , *PEOPLE with disabilities , *INTEGRATED health care delivery , *AMERICANS with Disabilities Act of 1990 , *GOVERNMENT regulation - Abstract
More than 50 years after the implementation of Section 504 of the Rehabilitation Act of 1973 — a federal law prohibiting disability discrimination in programs and activities that receive federal financial assistance — the U.S. Department of Health & Human Services (HHS) earlier this month issued a final rule to clarify several crucial areas not explicity addressed in the current rule. [ABSTRACT FROM AUTHOR]
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- 2024
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19. FROM OUR GUEST EDITOR.
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STROKER, ALI
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SHAME , *AMERICANS with Disabilities Act of 1990 , *ACTING education , *BRAIN injuries , *PEOPLE with disabilities , *WOOD chips - Abstract
This article, titled "FROM OUR GUEST EDITOR," is written by Ali Stroker, a guest editor for Good Housekeeping's accessibility issue. Stroker, who uses a wheelchair due to a spinal cord injury, shares her experiences and perspectives on disability. She discusses how her disability is a normal part of her life and emphasizes the importance of accepting and loving one's disability. Stroker also highlights the support and advocacy she received from her parents and the need for continued progress in creating an inclusive society. The article concludes with Stroker's insights on asking for help and her experiences as a parent. [Extracted from the article]
- Published
- 2024
20. Breaking the Barriers.
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ERVIN, MIKE
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UNITED States senators , *AMERICANS with Disabilities Act of 1990 , *DISABILITY rights movement , *BASIC income - Abstract
An interview with Tom Harkin, former Senator from Iowa, is presented. Topics include his decision to retire from the Senate after four decades, his proudest achievement—the Americans with Disabilities Act (ADA), frustrations during his Senate tenure, and the Harkin Institute's work on disability issues, retirement security, labor, and a pilot project on universal basic income. Harkin reflects on his family's influence on his advocacy for disability rights.
- Published
- 2024
21. School Resource Officers and Students With Disabilities: Wilson v. City of Southlake (2019).
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Tuttle Prince, Angela and Behnken, Monic P.
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SCHOOL police , *STUDENTS with disabilities , *POLICE , *STUDENT rights , *AMERICANS with Disabilities Act of 1990 - Abstract
Given the disproportionate rates of youth with disabilities who experience exclusionary discipline in schools, it is important to consider the involvement of law enforcement officers in the discipline of these students and the students' right to an equitable education. One recent case of concern was Wilson v. City of Southlake, which clarified that police can be sued for disability discrimination based on their response to a student with a disability under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973 where life-threatening circumstances are not present. This finding has implications for schools that involve school resource officers in responding to children who are protected under either of these provisions. [ABSTRACT FROM AUTHOR]
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- 2024
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22. Service Animals in Health Care Settings.
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Iezzoni, Lisa I. and Higgins, Kate K.
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VETERINARY services , *MEDICAL care , *AMERICANS with Disabilities Act of 1990 , *MUNICIPAL services - Abstract
This JAMA Insights article reviews Americans with Disabilities Act (ADA) rules for patients, visitors, and other members of the public bringing service animals into health care settings. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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23. Federal Guidance Counters Assistive Technology Myths, Pushback.
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BASS, SAYARD
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SELF-efficacy , *FACILITATED communication , *EARLY medical intervention , *ENDOWMENTS , *TEACHING methods , *DECISION making , *ASSISTIVE technology , *COMMUNICATION , *DEPARTMENTS , *HOSPITAL personnel in-service training , *SPECIAL education , *GOVERNMENT regulation , *AMERICANS with Disabilities Act of 1990 , *SPEECH therapy , *LAW , *LEGISLATION , *EQUIPMENT & supplies ,UNITED States. Individuals with Disabilities Education Act - Abstract
The article focuses on a guidance letter and 28 myths vs. facts for assistive technology (AT) devices and services released by the U.S. Department of Education's Office of Special Programming which clarifies federal mandates for schools to follow. Cited are effect of the guidance for school-based speech-language pathologists using AT in their services, the role of AT in the Individualized Education Plan (IEP), and ways to document AT throughout the IEP.
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- 2024
24. Technology and Disability Rights: Accessibility, Not Disability, Is the Problem.
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Steele-Louchart, Sanho
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CIVIL rights of people with disabilities , *DISABILITIES , *AMERICANS with Disabilities Act of 1990 , *RIGHTS , *VIRTUAL offices , *INTERNET content - Abstract
The article discusses the issue of accessibility for people with disabilities, particularly those who are blind or visually impaired, in relation to technology and the internet. It highlights the challenges faced by individuals with disabilities when using technology and accessing online content, emphasizing the need for web accessibility. The article also mentions the Americans with Disabilities Act (ADA) and its limitations in addressing web accessibility. It concludes by mentioning ongoing advocacy efforts and proposed legislation aimed at improving digital accessibility for disabled individuals. [Extracted from the article]
- Published
- 2024
25. REDUCING HEALTH CARE INEQUITIES FOR PEOPLE WITH DISABILITIES.
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ERVIN, MIKE
- Subjects
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HEALTH services accessibility , *AMERICANS with Disabilities Act of 1990 , *PEOPLE with disabilities , *DISCRIMINATION in medical care , *DISCRIMINATION against people with disabilities , *TELEMEDICINE , *HEALTH equity - Abstract
The article comments on the proposed rulemaking by the U.S. Department of Justice under Title II of the Americans with Disabilities Act that is intended to improve access to medical diagnostic equipment for people with disabilities, and the U.S. Department of Health and Human Services' proposed rule on nondiscrimination on the basis of disability. It discusses the problem with telehealth platforms that contribute to health inequities and discriminatory medical decisions.
- Published
- 2024
26. Schedule negotiation with ADA paratransit riders under value of time uncertainty.
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Chen, Shijie, Rahman, Md Hishamur, Marković, Nikola, Siddiqui, Muhammad Imran Younus, Mohebbi, Matthew, and Sun, Yanshuo
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NEGOTIATION , *AMERICANS with Disabilities Act of 1990 , *HUMAN behavior models , *EVIDENCE gaps - Abstract
When paratransit riders book their travels, operators have the flexibility to adjust the requested pickup time within a predetermined limit for efficiency purposes in accordance with the Americans with Disabilities Act (ADA) regulations. This practice, known as schedule negotiation, is widely adopted across the United States (U.S.). However, the existing paratransit literature lacks optimization methods to support decision-making in this context. To address this research gap, we propose a new mathematical formulation, enabling an operator to simultaneously determine how a new travel request can be accommodated and how incentives can be designed to maximize the operator's payoff (revenues minus total costs). In addition, to enhance the realism of behavioral modeling in the paratransit literature, we explicitly consider the privately held value of time information for riders, which results in probabilistic responses. Eventually, the formulation is a nonconvex mixed-integer nonlinear program (MINLP). We thus design a decomposition-based fix-and-optimize algorithm that ensures global optimality despite the nonconvexity. We validate and evaluate our proposed method through synthetic analyses and real-world case studies, which demonstrate substantial advantages of schedule negotiation in improving paratransit operational efficiency. We also highlight the efficiency of the proposed solution approach relative to a benchmark approach based on complete enumeration. The proposed optimization method is thus expected to advance the state of the practice in pickup time negotiation in paratransit and other related mobility services. • Investigates schedule negotiation between a paratransit operator and a rider under rider uncertainty. • Formulates a mixed-integer nonlinear program for the Negotiable Booking Confirmation Problem. • Proposes a fix-and-optimize algorithm for solving the nonconvex optimization problem optimally. • Validates high effectiveness of schedule negotiation and efficiency of the decomposition approach. • Generates managerial insights in schedule negotiation practice based on real-world case studies. [ABSTRACT FROM AUTHOR]
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- 2024
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27. Planning accessible cities: Lessons from high quality barrier removal plans.
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Eisenberg, Yochai, Heider, Amy, Labbe, Delphine, Gould, Robert, and Jones, Robin
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URBAN planning , *CITIES & towns , *AMERICANS with Disabilities Act of 1990 , *SOCIAL marginality , *OFFICES - Abstract
Progress towards development of accessible pedestrian networks for people with disabilities has been slow, perpetuating social exclusion in many cities world-wide. There is increased pressure to develop and implement plans for barrier-removal, such as Americans with Disabilities Act (ADA) transition plans. Limited research has examined the elements for effectively developing and implementing plans in a comprehensive way that identifies the role of individual, organizational, and cultural factors. To better understand the factors influencing effective planning, we interviewed municipal planners with high-quality plans about their experiences and perceptions. We analyzed the interview data using the Consolidated Framework for Implementation Research (CFIR) to better understand how well the data aligned with established constructs of effective implementation. Our results suggest that planners of high-quality plans were supported by factors that were both internal to the city, such as technology, training, and interdepartmental relationships; and/or external, such as connections with other organizations or being accountable to their state transportation offices. Several interviewees described the need for organizational and cultural change around planning for more accessible pedestrian networks. The lessons learned from effective planning can be used to improve barrier-removal planning in cities in and outside of the U.S. • Progress towards removing pedestrian barriers for disabled citizens is slow. • High-quality barrier removal planning can be studied using implementation science tools. • Planning processes are adaptable to local government resources and capacities. • High quality plans are nurtured by interdepartmental, inter-city, and state relationships. • Communication and public engagement support buy-in from stakeholders. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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28. Eco-Friendly, ADA-Compliant Mini Golf Course Delivers Fun for All.
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Callighan, Phil
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GOLF courses , *AMERICANS with Disabilities Act of 1990 , *ENVIRONMENTAL impact analysis , *RECYCLING & the environment - Abstract
The article discusses the installation of an eco-friendly and Americans with Disabilities Act-compliant miniature golf course in Leesville, Louisiana, U.S., championed by the city's mayor. It mentions that by utilizing recycled materials and permeable panels, the course offers accessibility for all while minimizing environmental impact.
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- 2024
29. In Case You Haven't Heard...
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METHADONE treatment programs , *LABOR laws , *SUBSTANCE abuse , *CONVALESCENCE , *BUPRENORPHINE , *PROFESSIONAL competence , *AMERICANS with Disabilities Act of 1990 - Abstract
Being in treatment on buprenorphine or methadone can get you in trouble. Yet another patient in recovery from opioid use disorder has had his treatment used against him. A young man who proudly passed the bar exam and had an employment contract with a law firm was told by Tennessee state authorities that they doubted his ability to practice law because he was taking buprenorphine, a medication that had helped him achieve what he called "normalcy." An excellent write‐up aired by NBC News last week described the ordeal of Derek Scott, the first in his family to even go to high school, and then later, after struggling with opioid addiction and other problems, to have achieved recovery and enrolled in college at age 32. Sally Friedman of the Legal Action Center discussed the many violations of the Americans with Disabilities Act this case entails, with legal officials, of all people, in charge. The U.S. Department of Justice has been investigating such cases and is investigating Scott's. Stay tuned. For the story, go to https://www.nbcnews.com/news/us‐news/tennessee‐lawyer‐opioid‐addiction‐medication‐ada‐discrimination‐rcna126358. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
30. William Barber escorted out of movie theater, denied disability accommodations.
- Author
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Post, Kathryn
- Subjects
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ESCORT services , *AMERICANS with Disabilities Act of 1990 , *DISABILITY rights movement , *PEOPLE with disabilities , *PUBLIC spaces - Abstract
The article focuses on William Barber's experience being escorted out of a movie theater in North Carolina after being denied accommodation for his disability, highlighting the importance of equal access for people with disabilities as mandated by the Americans with Disabilities Act. Topics include Barber's advocacy for disability rights, the theater's failure to provide necessary accommodations, and the broader implications for individuals with disabilities accessing public spaces.
- Published
- 2024
31. Justice Brett Kavanaugh Wants More Cases—but Don't Rush.
- Author
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Bravin, Jess
- Subjects
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ABORTION laws , *AMERICANS with Disabilities Act of 1990 ,CIVIL Rights Act of 1964 - Published
- 2024
32. Easy-to-Overlook Equal Employment Opportunity Guidelines that Could Get Your Practice Into Trouble: Employment guidelines essential for your practice to follow.
- Author
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Oberman, Stuart
- Subjects
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AFFIRMATIVE action programs , *EMPLOYMENT practices , *AMERICANS with Disabilities Act of 1990 ,CIVIL Rights Act of 1964. Title VII ,EQUAL Pay Act of 1963 (U.S.) - Abstract
The article discusses the Equal Opportunity Employment Commission's (EEOC) recent enforcement of employees' rights and the Pregnant Workers Fairness Act (PWFA). The PWFA requires employers to provide reasonable accommodations for pregnant workers, unless it causes undue hardship. The EEOC has also released proposed guidance on workplace harassment. The article emphasizes the complexity of these laws and advises practice owners to review and revise their internal policies to ensure compliance with EEOC guidelines. [Extracted from the article]
- Published
- 2024
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